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Divorce

Divorce

Based on the Law No 7/1989, divorce must be adjudicated by the court, in this case the Religious Court House in Indonesia. Though the Embassy of the Republic of Indonesia is given the right to perform a marriage between two Indonesian citizens, however, the Embassy of the Republic of Indonesia has no authority to grant a divorce.

Procedure of Divorce for Plaintiff and Defendants in a Foreign Country

Law No 7/1989, Article 66 (3) and (4)

  • Should the plaintiff and defendant be in a foreign country and the marriage is performed in Indonesia. A petition of divorce is submitted to the Religious Court whose legal jurisdiction covers the venue where the marriage is performed or to the Religious Court of Central Jakarta.
  • Should the plaintiff and defendant be in a foreign country and the marriage is performed in a foreign country, however, proof of marriage (within 1 (one) year after the couple returns to Indonesia), is registered/reported to the Local Office of Religious Affairs, where the husband or wife resides, a petition of divorce is submitted to the Religious Court in one of the areas where the proof of marriage is reported.

Law No. 7/1989 on filling for divorce Article 66

1. A husband who is a Moslem and is to divorce his wife should submit an Application Letter to the court house to arrange a Divorce Statement.

2. The Application Letter has to be submitted to the Religious Court whose legal jurisdiction covers the area of the place of residence of the defendant, unless the defendant intentionally leaves the residence without permission from the plaintiff.

3. If the defendant lives in a foreign country, the application should be submitted to the Religious Court with legal authority that covers the place of residence of the plaintiff.

4. If the plaintiff and the defendant live in a foreign country, the Application Letter should be submitted to the Religious Court with legal authority that covers the place of the marriage or to the Religious Court of Central Jakarta.

5. Requests related to child custody, child allowance, wife allowance and joint matrimonial property can be submitted along with Application of Divorce or after the Divorce Statement has been said.

You can get this information from:
http://consular.indonesia-ottawa.org/indonesia-citizens/perkawinan/divorce/
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  • Last updated: Wednesday, October 12th, 2011 at 8:15 am UTC
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